Roman Empire Roman law was heavily influenced by Greek teachings. It forms the bridge to the modern legal world, over the centuries between the rise and decline of the
Roman Empire. Roman law, in the days of the
Roman Republic and
Empire, was heavily procedural, and there was no professional legal class. Instead a lay person,
iudex, was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from the laws of the state, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. During the 6th century AD in the Eastern Roman Empire, the Emperor
Justinian codified and consolidated the laws that had existed in Rome so that what remained was one twentieth of the mass of legal texts from before. This became known as the
Corpus Juris Civilis. As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before."
Middle Ages During the
Byzantine Empire, the
Justinian Code was expanded and remained in force until the Empire fell, though it was never officially introduced to the West. Instead, following the fall of the Western Empire and in former Roman countries, the ruling classes relied on the
Theodosian Code to govern natives and Germanic
customary law for the Germanic incomers – a system known as folk-right – until the two laws blended. Since the Roman court system had broken down, legal disputes were adjudicated according to Germanic custom by assemblies of learned
lawspeakers in rigid ceremonies and in oral proceedings that relied heavily on
testimony. After much of the West was consolidated under
Charlemagne, law became centralized to strengthen the royal court system and, consequently,
case law, and folk-right was abolished. However, once Charlemagne's kingdom definitively splintered, Europe became feudalistic, and law was generally not governed above the county, municipal, or lordship level, thereby creating a highly decentralized legal culture that favored the development of customary law founded on localized case law. However, in the 11th century,
crusaders, having pillaged the
Byzantine Empire, returned with Byzantine legal texts including the Justinian Code, and scholars at the
University of Bologna were the first to use them to interpret their own customary laws. Medieval European legal scholars began researching the
Roman law and using its concepts and prepared the way for the partial resurrection of Roman law as the modern
civil law in a large part of the world. There was, however, a great deal of resistance so that civil law rivaled customary law for much of the late Middle Ages. After the
Norman conquest of England, which introduced
Norman legal concepts into medieval England, the English King's powerful judges developed a body of
precedent that became the
common law. In particular,
Henry II instituted legal reforms and developed a system of royal courts administered by a small number of judges who lived in
Westminster and traveled throughout the kingdom. Also, judges no longer moved on circuits, becoming fixed to their jurisdictions, and jurors were nominated by parties to the legal dispute rather than by the sheriff. In addition, by the 10th century, the
Law Merchant, first founded on
Scandinavian trade customs, then solidified by the
Hanseatic League, took shape so that merchants could trade using familiar standards, rather than the many splintered types of local law. A precursor to modern commercial law, the Law Merchant emphasised the freedom of contract and alienability of property.
Modern European law (1241) above the
Copenhagen Court House,
Denmark The two main traditions of modern European law are the codified legal systems of most of continental Europe, and the English tradition based on case law. As
nationalism grew in the 18th and 19th centuries,
lex mercatoria was incorporated into national law through new civil codes. Of these, the French
Napoleonic Code and the German
Bürgerliches Gesetzbuch became the most influential. As opposed to English
common law, which consists of massive tomes of case law, codes in small books are easy to export and for judges to apply. However, today there are signs that civil and common law are converging.
European Union law is codified in treaties, but develops through the
precedent set down by the
European Court of Justice. == African law ==